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<br />FROM LRRKIN HOFFMRN DRLY LINDGREN 612-8963265 <br /> <br />04.15.1994 16: 12 <br /> <br />P. 6 <br /> <br />6.) Maintenance of Areas of Joint Use - Developer shall <br />provide evidence of satisfactory provision for control and <br />maintenance of jointly used or commonly owned parking, drainage <br />and landscaped areas within the Project. Reciprocal parking <br />and access easements and maintenance agreements shall be <br />provided to and approved by the City prior to the issuance of <br />certificates of occupancy so as to insure satisfactory control, <br />ownership and maintenance. Developers and their successors <br />shall be obligated to maintain all common areas, drainage <br />areas, outlots and landscaping in the Project in perpetuity. <br />Any failure to meet this obligation will be grounds to deny <br />site plan approval for future parcels in the Project, or to <br />invoke any other remedy of the City under this PUO Agreement, <br />even if Developer is no longer the owner of the parcel not so <br />properly maintained. <br /> <br />7.) Remedies. Should Developer breach any of the terms <br />and conditions of this PUD Agreement, City shall have any or <br />all of the following remedies: <br /> <br />(01) Withhold site plan approval for undeveloped lots; <br /> <br />(02) Withhold issuance of building permits or certificates <br />of occupancy for any structure within the Project; <br /> <br />(03) Halt construction on public improvements not <br />commenced or not completed; <br /> <br />(04) Terminate this PUO Agreement by written notice to <br />Developer and reVert the zoning of the Project to the <br />original land use designation; <br /> <br />(OS) Institute prosecution of developer under the relevant <br />provisions of the City Zoning Ordinance; <br /> <br />(06) Draw upon any financial security provided the City to <br />assure compliance; <br /> <br />(07) Institute a civil action to compel compliance or <br />recover damages or both. <br /> <br />8.) Additional Specific Conditions - The conditions set <br />forth in Resolution No. 93-81 approving the Conditional Use <br />Permit for the Project are specifically incorporated into this <br />PUD Agreement and made a part hereof. Violation of any of the <br />conditions set forth in Resolution No. 93-81 shall be a <br />violation of the ter.ms of this PUD Agreement. <br /> <br />9.) General Conditions ~ If Developer fails to comply with <br />any of the provisions hereof, City may refuse to issue a <br />building per.mit or certificate of occupancy for any lot or <br />parcel in the Project. Developer agrees to advise purchasers <br />of any lot or parcel within the Subdivision of the existence of <br />4It this PUD Agreement and the obligations and restrictions created <br /> <br />e <br /> <br /> <br />5. <br />